HomeMy WebLinkAbout1974_05_07 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE
TOWN OF MAMARONECK, HELD MAY 7, 1974, IN THE COURT HOUSE, 1201 PALMER
AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK.
CALL TO ORDER
The meeting was called to order by the Acting Chairman
at 8:30 P.M.
ROLL CALL
Present: Mr. Egbert R. Hardesty, Acting Chairman
Mr. Andrew W. Boraczek
Mr. Lawrence G. Bodkin, Jr.
Absent: Mr. Richard F. Eggers
Mr. E. Robert Wassman
Also present: Mr. William Paonessa, Building Inspector
APPROVAL OF MINUTES
The minutes of the meeting of March 27, 1974 were presented
and on motion duly made and seconded, approved as submitted .
PUBLIC HEARING
The Chairman declared the hearing open and the Secretary
presented for the record the affidavit of publication
of the notice of hearing.
Mr. Hardesty explained to the applicants that because
only three members were present their applications would
have to be approved unanimously and they had the privi-
lege of withdrawing their application to another meeting
without penalty.
The Chairman asked the Secretary to read the first appli-
cation.
APPLICATION NO. 1 - CASE 401
Application of Mr. Charles Reidy for modification of Ar-
ticle IV Section 410 Schedule of Residence District Regu-
lations for an R-6 Residential District so as to allow
the construction of a two story addition at the southerly
side of the dwelling having a front setback of 20 feet
from Weaver Street instead of the minimum required front
setback of 30 feet on the premises located at 33 Weaver
Street and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 410 Parcel 188 on the grounds of
practical difficulty and/or unnecessary hardship.
Mr. Reidy presented his application to the Board and stated
that his reason for putting the addition in the proposed
location was because the house was originally built close
to the property line. The applicant said that the house
is presently only 16 feet back from the property line
and if he constructed the proposed addition at the rear
of the house he would not have proper access to the new
rooms from the inside. Mr. Reidy, in his application,
said that if the addition was set further back it would
not meet the roof line and the lines of the house would
not be kept in proper prospective.
After further discussion a vote was taken on the appli-
cation and the result was as follows:
Commissioner Hardesty - Aye
Commissioner Boraczek - Aye
Commissioner Bodkin - Aye
The application was therefore approved and the following
Resolution was duly adopted:
WHEREAS, Mr. Charles Reidy has submitted an
application for a building permit to the Build-
ing Inspector to allow the construction of a
two story addition at the southerly side of
the dwelling having a front setback of 20 ft.
together with plans; and
WHEREAS, the Building Inspector has refused
to issue such permit on the grounds that the
plans submitted failed to comply with the Zon-
ing Ordinance of the Town of Mamaroneck with
particular reference to Article IV Section 410
Schedule of Residence District Regulations for
an R-6 Residential District which requires a
minimum front setback of 30 ft. on the premises
located at 33 Weaver Street and known on the
Tax Assessment Map of the Town of Mamaroneck
as Block 410 Parcel 188; and
WHEREAS, Mr. Charles Reidy has submitted to
this Board an application for a variance on
the ground of practical difficulty and/or un-
necessary hardship for the following reasons:
1 . If addition was set further back
it would not meet the roof line.
2. If the proposed addition was con-
structed at the rear of the house
it would not permit proper access
to the new rooms from the inside.
3. The proposed location will keep
the lines of the house in proper pro-
spective.
WHEREAS, this Board has examined the plans,
reviewed the application and has heard all per-
sons interested in this application after pub-
lication of a notice thereof,
NOW, THEREFORE , BE IT
RESOLVED, that this Board granted the appli-
cation on the following grounds :
(a) That there are special circum-
stances and conditions applying to
the land and/or building for which
a variance is sought, which circum-
stances and/or conditions have not
resulted from any acts of the appli-
cant subsequent to the date of the
Zoning Regulations appealed from.
(b) That said circumstances and/or
conditions are as follows :
1 . The proposed addition
will not extend beyond
the present front setback
any further than it does
at present.
2. The proposed location
is the most feasible.
(c) That the granting of this vari-
ance will be in harmony with the gen-
eral purposes and intent of this Ordi-
nance and will not be injurious to
the neighborhood or otherwise detri-
mental to the public welfare; and
it is
FURTHER RESOLVED, that a variance is hereby
granted to the applicant and that Article IV
Section 410 Schedule of Residence District
Regulations for an R-6 Residential District
so as to allow the construction of a two story
addition at the southerly side of the dwell-
ing having a front setback of 20 ft. instead
of the minimum required front setback of 30
ft. on the premises located at 33 Weaver Street
and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 410 Parcel 188
in strict conformance with the plans filed
with this application provided that the appli-
cant complies in all other respects with the
Zoning Ordinance and Building Code of the Town
of Mamaroneck.
FURTHER RESOLVED, that in accordance with the
Rules and Regulations of the Zoning Ordinance
where a variance is granted the applicant shall
obtain a building permit within three months
of the filing of this Resolution with the Town
Clerk. The building permit shall be void if
construction is not started within six months
and completed within two years of the date of
said permit.
FURTHER RESOLVED, that this decision be filed
with the Town Clerk as provided in Section 267
of the Town Law.
The Chairman asked the Secretary to read the second ap-
plication.
APPLICATION NO. 2 - CASE 402
Application of Mr. Robert S. McCoy for modification of
Article IV Section 421 .4 Walls and Fences of the Zoning
Ordinance which restricts heights of fences in a Residen-
tial District to 4 feet so as to allow the installation
of 80 lin. ft. of 6' high wood fence along the rear pro-
perty line on the premises located at 24 Dante Street and
known on the Tax Assessment Map of the Town of Mamaroneck
as Block 121 Parcel 58 on the grounds of practical diffi-
culty and/or unnecessary hardship.
Mr. McCoy presented his application to the Board and showed
photos of his rear yard with a copy of the Tax Map indi-
cating the properties in the area. The applicant pointed
out that his lot was one of the smaller ones in the area
and that the property in the rear slopes to his lot. Mr.
McCoysaid that the existing 6' high chain link fence is
on the Maffucci ' s property and dates back to the farm which
originally occupied the site. It was pointed out that
the fence is in a deteriorating condition. A question
was raised by the Board members as to exactly where Mr. McCoy
wanted to erect the proposed fence and it was pointed out
that there would be a distance of about 12" between the
existing chain link fence and the proposed wood fence.
The applicant said that both the Maffucci 's and the McCoy's
each own dogs and because of this , the strip on the side
of the fence has become an unsightly, muddy runway preventing
the establishment of any sort of planting. Mr. McCoy said
it was their intention to improve their back yard and he
did not think the chain link fence was attractive. Members
of the Board felt that the space between the two fences
would create a hazard for children and animals and cause
a maintenance problem as far as leaves, debris, etc.
Dr. Emil Maffucci of 24 Dimitri Place, who is the only
neighbor effected by the proposed fence presented a letter
to the Board and spoke expressing his objection to the
fence in question. Dr. Maffucci said he did not like fences
at all and when the existing fence comes down he does not
intend to replace it.
After further discussion Mr. Hardesty asked for a recess.
When the Board returned a vote was taken on the applica-
tion and the result was as follows :
v N
Commissioner Hardesty - Nay
Commissioner Boraczek - Nay
Commissioner Bodkin - Nay
The application was therefore denied and the following
Resolution duly adopted:
WHEREAS, Mr. Robert S. McCoy has submitted
an application for a building permit to the
Building Inspector to allow the installation
of 80 lin. ft. of 6' high wood fence along
the rear property line together with plans;
and
WHEREAS, the Building Inspector has refused
to issue such permit on the grounds that the
plans submitted failed to comply with the Zon-
ing Ordinance which restricts heights of fences
in a residential district to 4 feet on the
premises located at 24 Dante Street and known
on the Tax Assessment Map of the Town of Mama-
roneck as Block 121 Parcel 58; and
WHEREAS, Mr. Robert S. McCoy has submitted
an application for a variance on the grounds
of practical difficulty and/or unnecessary
hardship for the following reasons :
1 . Because the applicant and his
neighbor each own a dog, the strip
on each side of the existing fence
is unsightly and has prevented the
establishment of any sort of low
planting.
2. The applicant feels that the
situation interferes with the full
use and enjoyment of his property.
3. The applicant also feels that
a six foot grey-stained sapling fence
would be in much better proportion
to the existing chain link fence
than the four foot high fence per-
mitted by the Ordinance.
WHEREAS, this Board has examined the plans,
reviewed the application and has heard all
persons interested in this application after
publication of a notice thereof,
NOW, THEREFORE, BE IT
RESOLVED, that this Board denied the applica-
tion on the following grounds:
1 . The Board felt that the space between
the existing fence on the Mafffucci
1
property and the proposed fence would
create a hazard for children and ani-
mals and cause a maintenance problem
as far as leaves, debris, etc.
2. That there were no special circum-
stances or conditions applying to the
land for which the variance is sought,
which circumstances or conditions are
peculiar to such land and which do
not apply generally to land in the dis-
trict.
3. That the facts and circumstances
claimed by the applicant to entitle
him to the variance are not such as
would deprive him of the reasonable
use of the land.
4. That the granting of the variance
would not be in harmony with the gen-
eral purposes and intent of this Ordi-
nance and would be injurious to the
neighborhood and detrimental to the
public welfare.
FURTHER RESOLVED, that this decision be filed
with the Town Clerk in accordance with Section
267 of the Town Law.
The Chairman asked the Secretary to read the last appli-
cation.
APPLICATION NO. 3 - CASE 403
Application of Dr. Barry Singer for modification of Ar-
ticle IV' Section 410 Schedule of Permitted Accessory
Uses in a Residential District of the Zoning Ordinance
so as to allow the construction of a family swimming
pool to be located in the side yard 13 feet from side
property line instead of the required minimum side yard
of 15 feet and a separation distance of 10 feet from
the dwelling instead of the required 15 feet on the pre-
mises located at 39 Country Road and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 315
Parcel 144 on the grounds of practical difficulty and/
or unnecessary hardship.
Dr. Singer presented his application to the Board and
stated that the reason they had let their previous var-
iance expire was because he had been ill . The Chairman
pointed out to Mr. Bodkin, who is a new member, that
the Board had approved the same application at a meet-
ing on June 6, 1973 but Dr. Singer had not obtained the
permit within the three months of the filing of the Reso-
lution and the variance had therefore expired.
Dr. Singer stated that they were asking for the pool
t ��l�
to be located in the side yard because the contractor
advised that the proposed location was the most practi-
cal and the property at the rear has a steep slope to
the pond. The applicant pointed out that the adjoining
property owned by the Town is used as an open area and
therefore the proposed pool will not effect private pro-
perty.
After further discussion a vote was taken on the appli-
cation and the result was as follows :
Commissioner Hardesty - Aye
Commissioner Boraczek - Aye
Commissioner Bodkin - Aye
The application was therefore approved and the follow-
ing Resolution duly adopted:
WHEREAS, Dr. Barry Singer has submitted an
application for a building perimit to the Build-
ing Inspector to allow the construction of
a family swimming pool to be located in the
side yard 13 feet from the side property line
and a separation distance of 10 feet from the
dwelling together with plans ; and
WHEREAS, the Building Inspector has refused
to issue such permit on the grounds that the
plans submitted failed to comply with the Zon-
ing Ordinance of the Town of Mamaroneck with
particular reference to Article IV Section
410 Schedule of Permitted Accessory Uses in
a Residential District which requires a mini-
mum side yard of 15 feet and a separation dis-
tance of 15 feet on the premises located at
39 Country Road and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block
315 Parcel 144; and
WHEREAS, Dr. Barry Singer has submitted to
this Board an application for a variance on
the ground of practical difficulty and/or un-
necessary hardship for the following reasons:
1 . Because of the topography of the
lot the proposed site was the most
logical .
2. There is a steep slope at the rear
and the side yard adjoins property
owned by the Town which is used as
an open area.
WHEREAS, this Board has examined the plans ,
reviewed the application and has heard all per-
sons interested in this application after pub-
lication of a notice thereof,
NOW, THEREFORE, BE IT
RESOLVED, that this Board granted the appli-
cation on the following grounds :
(a) That there are special circum-
stances and conditions applying to
the land and/or building for which
a variance is sought, which circum-
stances and/or conditions have not
resulted from any acts of the appli-
cant subsequent to the date of the
Zoning Regulations appealed from.
(b) That the aforesaid circumstances
and/or conditions are as follows:
1 . Because of the steep
slope at the rear the pool
has to be placed in the
side yard.
2. The side yard adjoins
the Town Park Area and pri-
vate property will not be
effected.
(c) That the granting of this vari-
ance will be in harmony with the gen-
eral purposes and intent of this Ordi-
nance and will not be injurious to
the neighborhood or otherwise detri-
mental to the public welfare; and it
is
FURTHER RESOLVED, that a variance is hereby
granted to the applicant and that Article IV
Section 410 Schedule of Permitted Accessory
Uses in a Residential District of the Zoning
Ordinance so as to allow the construction of
a family swimming pool having a side yard of
13 feet from side property line and a separa-
tion distance of 10 feet from the dwelling
on the premises located at 39 Country Road
and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 315 Parcel 144
and in strict conformance with plans filed
with this application provided that the appli-
cant complies in all other respects with the
Zoning Ordinance and Building Code of the Town
of Mamaroneck.
FURTHER RESOLVED, that in accordance with the
Rules and Regulations of the Zoning Ordinance
where a variance is granted the applicant shall
obtain a building permit within three months
of the filing of this Resolution with the Town
Clerk. The building permit shall be void if
construction is not started within six months
and completed within two years of the date
of said permit.
FURTHER RESOLVED, that this decision be filed
with the Town Clerk as provided in Section
267 of the Town Law.
ADJOURNMENT
There being no further business to come before this meet-
ing it was adjourned at 9:30 P.M.
_1
R'i a A. Johnso , Secretary